RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER TWELVECRIMINAL OFFENCES AGAINST PEACE, AGAINST HUMANITY, CRIMINAL OFFENCES OF TERRORISM, EXTREMISM AND WAR CRIMES

Title Two War Crimes

Section 426Using Prohibited Weapons and Unlawful Warfare

(1) Any person who in the wartime orders

a) the use of prohibited means of warfare or of similar material or uses such means or material, or whob) that prohibited practices be used in the combat or uses such combat practices himself, shall be liable to a term of imprisonment of four to ten years.

(2) The same sentence as referred to in paragraph 1 shall be imposed on a commander who, in contravention of the provisions of international law concerning the means and methods of warfare, wilfully

a) causes harm to civilian population or to the lives, limbs or property of civilians by a military operation, or wages an attack against them as a reprisal, wages an attack against an undefended site or demilitarised zone, b) destroys or damages a water dam, nuclear power plant or a similar installation containing dangerous forces, or c) destroys or damages a facility designated for humanitarian purposes or an internationally recognised cultural or natural monument.

(3) The offender shall be liable to a term of imprisonment of ten to twenty years if, through the commission of the offence referred to in paragraphs 1 or 2, he causes

a) grievous bodily harm or death to several persons,b) large-scale damage, orc) other particularly serious consequence.

Section 427 Plundering in the Area War

(1) Any person who, in the war operations area, in the battlefield, in the areas affected by military operations, or on the occupied territory,

a) takes possession of a thing belonging to another, misusing that person's distress,b) wilfully destroys property belonging to another or takes possession of such property under the pretext of war necessity, orc) robs the killed or wounded persons,shall be liable to a term of imprisonment of four to ten years.

(2) The offender shall be liable to a term of imprisonment of seven to twelve years if he commits the offence referred to in paragraph 1 a) using violence, the threat of violence or other serious harm, orb) against persons or things enjoying special protection under the law or international legal instruments.

(3) The same sentence as referred to in paragraph 2 shall be imposed on the offender if, through the commission of the offence referred to in paragraph 1, he causes

a) grievous bodily harm, orb) substantial damage.

(4) The offender shall be liable to a term of imprisonment of ten to twenty years if, through the commission of the offence referred to in paragraph 1, he causes

a) death, orb) large-scale damage.

Section 428Misuse of Internationally Recognised and National Symbols

(1) Any person who, in the wartime, misuses the designation of the Red Cross or other identification symbols or colours recognised by international law for designating medical facilities, vehicles, persons providing medical assistance or securing evacuation, shall be liable to a term of imprisonment of three to ten years.

(2) The same sentence as referred to in paragraph 1 shall be imposed on any person who, in the wartime, misuses the emblem of the United Nations, national flag, national emblem military emblem, insignias or uniform of a neutral or other state which is not a party to the conflict.

(3) The offender shall be liable to a term of imprisonment of twelve to twenty-five years or to life imprisonment if, through the commission of the offence referred to in paragraphs 1 or 2 that constitutes a means of military deception, he causes

a) death to several persons,b) large-scale damage, orc) other particularly serious consequence.

PART TWOSPECIAL PART

CHAPTER TWELVECRIMINAL OFFENCES AGAINST PEACE, AGAINST HUMANITY, CRIMINAL OFFENCES OF TERRORISM, EXTREMISM AND WAR CRIMES

Title Two War Crimes

Section 433Lawlessness in the Wartime

(1) Any person who commits an act that is deemed to be a war crime under Article 8 of the Rome Statute of the International Criminal Court shall be liable to a term of imprisonment of twelve to twenty-five or to life imprisonment.

(2) The offender shall be liable to life imprisonment if he commits the offence referred to in paragraph 1,

a) and causes grievous bodily harm or death to several persons or other particularly serious consequence through its commission, orb) in retaliation.

PART TWOSPECIAL PART

CHAPTER TWELVECRIMINAL OFFENCES AGAINST PEACE, AGAINST HUMANITY, CRIMINAL OFFENCES OF TERRORISM, EXTREMISM AND WAR CRIMES

Title Two War Crimes

Section 431 War Atrocities

(1) Any person who, in the wartime, violates the rules of international law by cruel treatment of helpless civilian population, refugees, wounded persons, members of the armed forces who have laid down their arms or prisoners of war shall be liable to a term of imprisonment of four to ten years.

(2) The same sentence as referred to in paragraph 1 shall be imposed on any person who, in the wartime, violates the rules of international law by

a) failing to take effective measures for the protection of persons who are in need of such help, in particular children, women and wounded or elderly persons, or who prevents such measures from being taken, or b) impedes or blocks civil protection organisations of the enemy, of a neutral or other state in the fulfilment of their humanitarian tasks.

(3) The offender shall be liable to a term of imprisonment of ten to twenty-five years or to life imprisonment if, through the commission of the offence referred to in paragraphs 1 or 2, he causes grievous bodily harm or death or other particularly serious consequence.

Section 432Persecution of Civilians

(1) Any person who, in the wartime, performs inhuman acts on the grounds of national, racial or ethnic discrimination, or who terrorises helpless civilian population by violence or the threat of its use, shall be liable to a term of imprisonment of four to ten years.

(2) The same sentence as referred to in paragraph 1 shall be imposed on any person, who, at the time referred to in paragraph 1,

a) destroys or seriously damages the source of elementary necessities of life of the civilian population in an occupied territory or buffer zone, or who wilfully refuses to provide the population with the assistance they need for their survival,b) delays, without justifiable reasons, the return of the civilian population or prisoners of war, c) resettles, without justifiable reasons, civilian population of the occupied territory, d) settles the occupied territory with the population of his own country, or e) wilfully denies the civilian population or prisoners of war the right to have their criminal offences decided by impartial courts.

(3) The offender shall be liable to a term of imprisonment of ten to twenty-five years or to life imprisonment if, through the commission of the offence referred to in paragraphs 1 or 2, he causes grievous bodily harm or death or other particularly serious consequence.

Section 433Lawlessness in the Wartime

(1) Any person who commits an act that is deemed to be a war crime under Article 8 of the Rome Statute of the International Criminal Court shall be liable to a term of imprisonment of twelve to twenty-five or to life imprisonment.

(2) The offender shall be liable to life imprisonment if he commits the offence referred to in paragraph 1,

a) and causes grievous bodily harm or death to several persons or other particularly serious consequence through its commission, orb) in retaliation.

Section 434Endangering Cultural Values

Any person who, in the wartime,

a) substantially destroys or appropriates objects of cultural value protected under an international agreement,b) plunders, commits the acts of vandalism or otherwise misuses such object,c) wages an attack against such object in contravention of an international agreement, ord) uses an object of cultural value enjoying advanced protection under an international agreement or its immediate vicinity for combat support in contravention of an international agreement,shall be liable to a term of imprisonment of three to ten years.

Title ThreeCommon Provisions

Section 435

(1) For the purposes of the application of the provisions of this Chapter a war shall mean

a) an international armed conflict, orb) a lengthy armed conflict on the territory of the State between the Government authorities and organised armed groups or between such groups fighting against each other, except for internal disorders and tensions, such as rebellions, isolated and sporadic acts of violence or acts of similar nature.

(2) A military commander shall also mean a person effectively acting as a military commander.

(3) A military commander shall be held criminally responsible for crimes referred to in this Chapter even if they were committed by armed forces under his effective command and control, as a result of his failure to exercise control properly over such forces, if he,

a) owing to the circumstances at the time, should have known that forces were committing or about to commit such crimes, andb) failed to take all necessary and reasonable measures within his power to prevent or repress their commission, or to submit the matter to the competent authorities for investigation and prosecution.

(4) A superior, except for a superior referred to in paragraph 3, shall be held criminally responsible for crimes referred to in this Chapter even if they were committed by subordinates under his effective authority and control, as a result of his failure to exercise control properly over such subordinates, if

a) he either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such crimes,b) the crimes concerned activities that were within the effective responsibility and control of the superior, andc) failed to take all necessary and reasonable measures within his power to prevent or repress their commission, or to submit the matter to the competent authorities for investigation and prosecution.

RELEVANT ROME STATUTE PROVISIONS

Article 5Crimes within the jurisdiction of the Court1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to theinternational community as a whole. The Court has jurisdiction in accordance with this Statutewith respect to the following crimes:(c) War crimes

Article 8War crimes1. The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.2. For the purpose of this Statute, "war crimes" means:(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:(i) Wilful killing;(ii) Torture or inhuman treatment, including biological experiments;(iii) Wilfully causing great suffering, or serious injury to body or health;(iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;(v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;(vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;(vii) Unlawful deportation or transfer or unlawful confinement;(viii) Taking of hostages.(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;(ii) Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;(iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;(v) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;(vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion;(vii) Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;(viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;(ix) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;(x) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;(xi) Killing or wounding treacherously individuals belonging to the hostile nation or army;(xii) Declaring that no quarter will be given;(xiii) Destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war;(xiv) Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;(xv) Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war;(xvi) Pillaging a town or place, even when taken by assault;(xvii) Employing poison or poisoned weapons;(xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;(xix) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions;(xx) Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute, by an amendment in accordance with the relevant provisions set forth in articles 121 and 123;(xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;(xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;(xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;(xxiv) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;(xxv) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;(xxvi) Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities.(c) In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:(i) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;(ii) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;(iii) Taking of hostages;(iv) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.(d) Paragraph 2 (c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.(e) Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;(ii) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;(iv) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;(v) Pillaging a town or place, even when taken by assault;(vi) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions;(vii) Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities;(viii) Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;(ix) Killing or wounding treacherously a combatant adversary;(x) Declaring that no quarter will be given;(xi) Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;(xii) Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict;(f) Paragraph 2 (e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.3. Nothing in paragraph 2 (c) and (e) shall affect the responsibility of a Government to maintain or re-establish law and order in the State or to defend the unity and territorial integrity of the State, by all legitimate means.